A Hanging
by Wherewolfe1
Summary: One-shot Heath is accused of a murder he did not commit and sentenced to hang in an eager-lynching town. Can Jarrod find the real killer before his little brother swings from the noose?


_**A/N: One-shot Heath is accused of a murder he did not commit and sentenced to hang in an eager town. Can Jarrod find the real killer before his little brother swings from the noose?**_

 _ **A Hanging**_

Heath looked out from the cell window as the scaffolding was being built. Every whack of the hammer made his stomach uneasy.

"You know Jarrod will get you out of here," Nick encouraged as he leaned against the bars from outside the cell.

Heath nodded slowly as he turned from the window, "I keep telling myself that. But I gotta tell ya, every hour it gets closer, my faith is shaken a little."

"Well if he doesn't come back, then I'll spring ya," Nick chuckled lightly, attempting to keep his brother from losing hope. "This town just wants someone to blame. They had no real evidence. It was all circumstantial and a mock trial with that high and mighty Deputy Matthews."

Heath sat down on the cot and leaned against his hands as he rested his elbows against his legs, "There is still a murderer out there who has blond hair, light pants and red shirt. Added bonus he also rides a mare that looks identical to mine."

"So the witness says. They could have paid them off," Nick stopped and both turned as the jailhouse door jingled and the Deputy entered.

"Times up," Deputy Matthews, a young man in his twenties with beady eyes and a whole lot of hate on his shoulders, gestured for Nick to leave.

Nick was slow to obey and stretched to his towering height as he passed the lawman. He looked down his nose as he went to the front room and waited for the lawman to shut the door and lock it, "What kind of town arrests and hangs a person without the Sherriff in town?"

The deputy paused a moment, his hand still on the door handle. He then sauntered over to the desk and sat down in a grand gesture, "A town that has your brother dead to rights and nothing your lawyer brother can do."

Nick gritted his teeth and pointed a finger at the deputy, "Heath never went near that creek."

"The eye witness placed him at the scene and saw him kill Garvis."

Nick was about to continue the argument, but they had gone over it a thousand times; in the courtroom and in this very room. He knew it would not do Heath any good. He just huffed, turned and exited loudly. He stopped right outside and looked at the barred window that was Heath's cell. He punched his hand with a fist before marching across the street to his hotel room.

* * *

Later that evening, Nick ordered some food he didn't feel like eating, ordered a drink he didn't feel like drinking then paced his room which he didn't feel like pacing. He felt like an aggravated caged tiger and he wasn't the one in a jail cell. He couldn't just sit around waiting for Jarrod. He could go investigate on his own, but there were no leads and restraining orders on him and the eye witness. Let's just say he was very vocal before, during and after the trial.

No, he was helpless. A sitting duck. He hated that the three of them decided take a short cut home. He hated that the three of them decided to split up to find something to eat for dinner. He hated that Heath chose to go down to the river. And he hated that Heath alone watching his execution block being built.

Nick kicked the floorboards. He had a good mind to force his way into that jailhouse and teach that deputy a thing or two before escaping with his brother. Nick sat on the edge of the bed trying to cool his temper. He did not even want to think on Heath actually being hung. What would Jarrod and he tell their mother and sister? How could he face them and tell them Heath died for no reason and that it could have been avoided if they didn't take that shortcut.

Nick punched the mattress, "Boy, Jarrod better get here soon with the Sherriff and some answers or I'll have him swinging by his neck."

Nick felt heat rising within him. He had to cool off. He went over to the pitcher and poured the fresh water into the basin and slapped water onto his face. He grabbed his hat and shoved his wet hair up inside the brim as he left his room.

Nick crossed the street and banged on the jailhouse door. A few minutes passed before a light turned on and there was a jingle at the door handle. Deputy Matthews groaned, "Mr. Barkley, it is very late."

"I want to see me brother."

Matthews was about to protest but relented. The sooner he let this man visit his brother, the sooner he could go back to sleep. He opened the door and the cowboy stormed passed. Matthews unlocked the jail door and waved Nick Barkley inside, "Ten minutes," he shut the door and locked it again. He slumped into the chair behind the desk and pulled out his pocket watch.

Nick turned and saw Heath in the moonlight lying on his cot, "You awake?"

"Yep," Heath answered softly.

Nick pulled up a stool and poked his hands through the bars, "He feed you dinner?"

Heath only nodded, "Didn't feel like eating."

Nick nodded then snatched a blade of hay and placed it between his lips. They sat in silence; just being with his little brother made him feel more at ease. It did not even feel like ten minutes had gone by. He turned when he heard the jingling.

Matthews popped his head in and spoke with a yawn, "Times up."

Nick stood, "Surely there isn't any harm in staying with him a bit longer."

"I said out," Matthews came into the room with his hands on his hips.

Nick turned to Heath with a grin like he had an idea. As fast as lightening, Nick swung and punched the deputy in the jaw with all his might. This sent the unsuspecting lawman against the door then down on his back. Nick shook his hand with a toothy grin on his face, "That felt great."

"Assaulting an officer of the law is against the law!" the deputy, still a little shaken, whipped out his gun and pointed it at Nick.

Nick held up his hands, "Guess you'll have to lock me up, Deputy," he suggested lightly.

Heath covered a grin as Nick was put in the cell next to his. The jailhouse door closed.

"Now, we can have some peace and quiet around here," Nick pulled up a stool next to his brother's cell.

They were silent for a long time before Heath spoke, "Thanks, Nick."

* * *

Early in the morning, Heath's last meal was delivered which he could only pick at. He finally dropped his fork on the plate and shoved the tray away from him.

Nick watched as Heath covered his eyes for a moment; holding back a tremor. Heath kept his eyes on the ground as he spoke quietly, "Nick, tell Audra and Mother—"

"No, you don't. Jarrod will be here."

"Nick, tell them I love them," Heath had to get out what he wanted to say.

Nick could see that it was visibly breaking his little brother's heart and Nick blinked away a heated tear. "Jarrod knows it's today. He'll be back."

* * *

The hour went by so slowly. Each minute ticked as they heard rustling outside grow louder. Nick would sneak a peek at his watch as Heath started to pace anxiously in in his cell. Heath's hands were in knots. Every once in a while, Heath would stop when he heard horses but would continue on in his well-worn path when it proved not to be Jarrod and the Sherriff.

Nick stayed quiet; he knew anything he tried to say would only agitate Heath more. _Where is Jarrod and that Sherriff?_

Both Barkley boys looked at the door when they heard the jingling of the keys. Deputy Matthews came in with handcuffs in one hand and a gun in the other. "All right, Barkley. Time to go."

"Now wait a minute!" Nick attacked the bars, "You will wait for our brother. Heath's lawyer."

"Well, he's got five more minutes," the deputy gave the handcuffs to Heath, "Behind your back."

Heath slowly obeyed and fastened them behind his back. Heath gave one last look at Nick then nodded. He tore away as he exited.

Nick shook the cage and growled in a rage. Heath was ushered out of the jailhouse to a large crowd of angry people gathered for the hanging. He kept his head down as he was ushered by Deputy Matthews toward the gallows. "Stand back! Stay back! Korby, I said get back!" Matthews was barking the citizens who were itching to get their hands on the supposed killer.

Heath felt something hard hit him in the side of the head and he was disoriented. He saw an apple fall and roll. He was hoisted up by the Deputy and shook his head as he approached the scaffolding. Over the angry cries from the crowd, he heard his brother screaming from the jailhouse.

"He didn't do it! He didn't kill anyone! I'm gonna kill you! I swear I'm gonna kill you!"

Heath stopped at the bottom of the stairs. He was nudged with a cold barrel to continue. He took a step and slowly ascended the stairs. He was brought to the trap door and his heart raced as the noose was placed around his neck.

Nick peered out the window, "This is murder! All of you, you're murdering an innocent man!" He hit the bars as hard as he could, hoping they would break. He did not let up until his hand started bleeding. He stared at his younger brother and tears were streaming down his face. He felt as if the rope was tightened around his neck too.

Heath took deep breaths. He had heard if you struggled it took longer. His heart pounded in his ears at a rapid pace. His breathing accelerated as he saw the hangman walk over to the latch. Suddenly, the pounding in his ears grew louder and faster. _Wait, that isn't my heart._

Nick heard pounding too. He turned and strained to see out the window as a posse came barreling into town with Jarrod in the lead and with a Sherriff and a Marshall at his side. The posse was shooting their hand guns into the air. "Ha Ha! Jarrod!"

Deputy Matthews huffed then motioned for the hangman to pull the latch.

Heath gasped when he felt the door fall out from under him and he was dropped.

* * *

"No!" Nick's heart stopped short at seeing Heath fall through the trap.

Jarrod's blood rushed from his face in sheer terror. He dismounted and ran faster than he ever had up the gallows steps; his adrenaline pumping with every step. In one swift motion, he lunged for Heath's torso and hoisted him out of the hole. "Heath! Heath!" His fingers fumbled for the thick rope and pried it off his brother's neck.

Heath collapsed against his brother and Jarrod fell to the platform, holding his unconscious brother in his arms.

"Heath!?" Jarrod was terrified he was too late. He shook him, "Wake up!"

The whole crowd went silent, waiting to see if the young man was dead.

Heath's eyes shot open as his body inhaled a deep breath which caused him to cough violently from his restricted airway.

Jarrod breathed a sigh of relief as he helped Heath to a sitting position. He looked at the deputy and growled, "You get these handcuffs off of him now."

Deputy Matthews removed the restraints and Heath brought a hand to his throat, "Boy howdy, your timing, dear brother was a little too close for me," his hoarse voice reassured lightly.

Jarrod smiled and could not resist the urge to hug his brother before helping him to stand.

* * *

Heath, Jarrod and Nick walked out of the hotel with the Sherriff and the Marshall.

"I am glad you caught the real killer," Nick placed his hat on his head.

The Sherriff turned to the young blond cowboy, "My apologies for what happened. You must understand Garvis was dear to us and this town can get a bit riled up. My deputy's actions will be taken into account. Again, I can't tell you how sorry I am for the trouble this town caused you and I'm sure glad you are all right," he extended a hand toward Heath.

Heath grinned and shook the Sherriff's hand and nodded.

Jarrod patted the Sherriff on the back, "Mighty grateful, Sherriff," he turned the other lawman and shook his hand "Marshall."

The Marshall reassured the Barkley boys, "Listen, the real killer made a full confession so there is no doubt we have the right man this time," the town's lawmen followed them to their horses. "And with everything that has happened I wouldn't blame you for not visiting us again, but Hanley is a nice little town. I do hope we see you again," the Sherriff put his hands on his hips.

Nick waited as Heath mounted his horse before mounting his, "If we ever have business this way, we might stop in for a drink or two. You buying?" he smiled.

The Sherriff laughed, "Deal!" and tipped his hat, "See you, Mr. Barkley."

"See you around," Jarrod adjusted his hat back on his head then mounted his mare and patted Heath on the back before they spurred their horses down the road.

Although the Sherriff and Marshall were nice enough, Heath was not too eager to return to this town. He looked ahead and could not wait to get home and give his mother and his sister the biggest hugs and wipe this experience from his memory with a huge hot meal.


End file.
